Gov and Attorney General on "price gouging" gas

Columbia, S.C. - September 12, 2008 - Governor Mark Sanford issued the following statement today in response to a rise in gas prices triggered by fears of damage and supply disruptions tied to Hurricane Ike:

"It's unfortunate, but we've seen this movie before in South Carolina when supply disruptions were caused by Hurricane Katrina, and then by Hurricane Rita," Gov. Sanford said. "When that happened three years ago, we got through it as South Carolinians with common-sense conservation and patience - and I'd ask that South Carolinians do the same over the coming days.

"I'd respectfully suggest that means avoiding the temptation to rush out and fill up everything we have, because at the end of the day that's only going to make this pricing situation worse. Instead, this is a time to think of ways in which each of us can make a difference on what may come our way if refineries in Texas are significantly damaged. It might mean riding to the football games with a neighbor or on Sunday riding to church with a friend. It might mean watching a video at home rather than going to the movies or riding to work with a co-worker. The bottom line is there are a lot of things we can do to each make a difference, and I'd ask that we do so.

"That being said, we'll obviously be keeping a close eye on the situation to determine what if anything the state can do to help, including exploring options with the federal government to ease fuel transportation into the state."

Gov. Sanford is also joining with Attorney General Henry McMaster in asking for citizens' help in determining whether price gouging is occurring. Citizens are encouraged to report suspected price gouging to local law enforcement, or to call or email the Attorney General's office at 803-734-3970, or gasprices@scattorneygeneral.com.

Attorney General McMaster: South Carolina Price Gouging Law In Effect

Columbia, S.C. - September 12, 2008 As of noon today, September 12, 2008, Attorney General McMaster has invoked the state's price gouging prohibition statute and issued the following statement:

"President Bush has declared a state of emergency in Louisiana and Texas due to Hurricane Ike. Pursuant to SC Code Section 39-5-145, the attorney general now gives notice of an "abnormal disruption of the market" for gasoline and other petroleum products in South Carolina.

Therefore, as of this notice, price gouging for gasoline and other commodities constitutes an unfair trade practice and a criminal misdemeanor. "Price gouging" requires the charging of an "unconscionable price" not attributed to additional costs or market fluctuations. An unfair trade practice violation carries a civil penalty of up to $5,000 per violation 39-5-110. In addition, the criminal penalty is a fine of up to $1,000 and imprisonment of no more than 30 days 39-5-145 (K).

Citizens should report inordinate and suspected violations immediately to local law enforcement. This office has also established a special email address -- GasPrices@SCAttorneyGeneral.com, and an information line at (803) 734-3970."

In most cases, the criminal prohibition against price gouging takes immediate effect upon the Governor's declaration of a state of emergency, or a similar declaration by the President of the United States, and only within the area for which the state of emergency has been declared. The prohibition remains in effect until the declaration expires or is terminated.

South Carolina law also provides for the State Attorney General to identify an "abnormal disruption of the market" in another part of the country that affects the market for a commodity in South Carolina. This abnormal condition in another state must follow a declaration of a State of Emergency by the President of the United States. The Attorney General can declare such a condition for fifteen (15) day periods, and may renew or cancel them.

During such declared period of market abnormality, it is illegal to rent or sell or offer to rent or sell a commodity at an "unconscionable price" within the state or other recognized area within the state.

Those commodities are defined as goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.

"Unconscionable price" means an amount charged, which either represents a "gross disparity" or "grossly exceeds" the average price available for those items and services in the same area thirty (30) days immediately before a declaration of a state of emergency.

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Every single gas station whose prices jumped more than 30 cents today is guilty of gouging! Raising prices because the hurricane MIGHT damage some refineries?!?!?!?! I know from reading these blogs that those are not the only refineries from which we get our gas. I could understand if the damage was already done and then the price went up, but not beforehand! It's robbery, plain and simple.
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Don't argue with an idiot; people watching may not be able to tell the difference.

Motels do the same thing with seasonal rates and special events in their area. It is no more of a cost to them other than demand for their product so they raise prices. If they investigate one then they should investigate anyone that raises their price because of a special event.

I have a choice of attending a special event and staying in a higher priced motel room. I don't have a choice of whether or not to drive to the doctor's office, the grocery store, the school, the Bluffton pool and/or the Post Office, etc. Conserve gas? I've BEEN conserving gas for months. I now only drive when I absolutely have to, and the way it's going, I won't even be able to afford that.

They have us over a barrel (pun intended) and they know there's not a whole lot we can do about it except [filtered word] and moan. If Mark Sanford was any kind of Governor at all, he would have put a stop to the gouging before it got started.
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Don't argue with an idiot; people watching may not be able to tell the difference.

I called the AG Office this morning and reported Enmark Okatie $4.39 and Fording Island $4.19. All you need is your contact info, the business name and address and the price you paid. Enmark Okatie is not in the phone book. Their address is 101 Commerce Place 29910.

I looked at gas prices on Mapquest this morning and the Circle K near the bridges was $3.65 and Enmark is $4.19 so I relayed that information on as well.

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